MCB OIL COMPANY v. CITY OF GAINESVILLE

Annotate this Case

Download PDF

IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA MCB OIL COMPANY, Appellant, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED v. CASE NO. 1D06-0963 CITY OF GAINESVILLE, Appellee. ___________________________/ Opinion filed June 16, 2006. An appeal from the Circuit Court for Alachua County. Robert E. Roundtree, Jr., Judge. Ralph C. McBride, Marietta, Georgia, for Appellant. Andrew Prince Brigham, and Manny Papalas, Jacksonville; Scott J. Johnson of Holland & Knight, Orlando; and Daniel M. Nee, City Attorney, Gainesville, for Appellee. PER CURIAM. The appellant filed the instant appeal on February 17, 2006, seeking review of an order entered on December 15, 2005. Because the appellant s post-judgment motion was not timely served within 10 days of the date of filing of the order, see Fla. R. Civ. P. 1.530(b), the motion did not delay rendition. See Fla. R. App. P. 9.020(h). Contrary to the appellant s assertion, the time for service of the motion was not extended by order of the trial court. See Fla. R. Civ. P. 1.090(b); Jones v. Jones, 845 So. 2d 1012 (Fla. 5th DCA 2003). Consequently, the appellant s notice of appeal did not timely invoke this Court s jurisdiction. See Fla. R. App. P. 9.110(b). DISMISSED. KAHN, C.J., ERVIN, and VAN NORTWICK, JJ., CONCUR. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.